# Abilene TX cigar ordinance



## terrasco-cl (Mar 4, 2007)

The last thing Brian Wayne Hendrix imagined after getting pulled over for a traffic stop early Tuesday was being arrested on a warrant regarding smoking in a public place.

“I was flabbergasted when (the policeman) said he was going to take me to jail,” said Hendrix, 44. “I never thought I’d be going to jail for smoking a cigarette, but I’d do it again.”

Hendrix is the first person in Abilene to be arrested on a warrant for smoking in a public place, Assistant Police Chief Mark Moore said. A smoking ban went into effect Jan. 3 in Abilene, about 90 miles northeast of San Angelo.

The reason for the traffic stop was unclear, but the only action taken against Hendrix as a result of the stop was the arrest on the warrant.

Teresa Borcik, Municipal Court administrator, said Hendrix was cited for smoking in a public place Feb. 24 and had 10 days to appear in court to contest the charge or to pay the $150 ticket.

“He didn’t show up,” she said, “so a warrant for his arrest was issued on March 6.’

The policeman who stopped Hendrix just after midnight discovered he had an outstanding warrant after checking Hendrix’s driver’s license number.

Hendrix was taken to Taylor County Jail and posted $150 bond Tuesday afternoon.

The city’s new smoking ordinance prohibits smoking in most public places and places of employment.

Hendrix said he has been smoking since he was a teenager.

“As long as it is legal to smoke, I am going to keep smoking. I’m not going to quit any time soon,” he said. “I think they are just trying to make more money for the city by messing with the smokers.”

His sister, Seree Hendrix, said she thinks it’s ridiculous to be arrested over something as petty as smoking.

“Instead of making an example out of him, they should be arresting criminals,” she said. “I’m all for the smoking ban, but that wasn’t right.”

Moore said the law is the law.

“If we go to a place where there are a lot of people smoking with no regard to the smoking ban ordinance, we will enforce it,” he said. “As long as it’s law, we ask that they comply.”


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## Ceedee (Jun 2, 2006)

The world has turned upside down. Unreal.

CD


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## tekeeladude-cl (Mar 13, 2007)

This is completely crazy! Why is it the government thinks it's a good idea to create legislation like this to "protect" people. Most of the laws put into place lately use the justification of protecting the employees at business where smoking was allowed. My thought on this is no one is forcing a person to work in a place where smoking is allowed--it's their choice to work there. Sorry, for the rant, but this really pissed me off!:angry:


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## mrgatorman (Mar 23, 2007)

next thing you know, youll make a plane land early and youll be escorted out for farting...geeze


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## Brother Jebadiah-cl (Mar 22, 2007)

I don't like the smoking bans either, and we have one of the most restrictive in the country here in Lincoln. However, it never ceased to amaze me how people can get a ticket for something and then just ignore it, do they think it is just going to go away. If this guy was so opposed to the smoking law, he should have gone to court and fought it. Instead, he chose the lazy route and IMHO deserved a night in jail.


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## terrasco-cl (Mar 4, 2007)

You have a good point Brother Jeb. He actually went to jail for not dealing with the ticket rather than the smoking. 

The Abilene city council had a referendum in November that told them that most people favored a smoking ban. They rushed through the ordinance without much discussion and the general public was unaware of the severity. There is a recall effort underway because a lot of people think the ban went too far. 

The ban forced the local cigar lounge to ban BYOB. The city golf course is now non-smoking witch caused some problems. The ban also included bars and clubs which has caused some issues.

The only public places that allow smoking are cigar stores (as long as alcohol is not allowed) and the county jail (only in the exercise yard). All city parks are non-smoking.


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